BS (Kosovo) v Secretary of State for the Home Department

A later letter does not retrospectively invalidate an earlier immigration decision where that decision correctly applied the test for determining whether representations amount to a fresh claim. Where the earlier decision gave detailed and cogent reasons, including consideration of family and private life under the Immigration Rules and Article 8, no arguable basis arose for challenging it.

The applicant renewed an application for permission to appeal following the Upper Tribunal’s refusal to permit judicial review of the Secretary of State’s decision of 30 January 2014. That decision declined leave to remain and concluded that the representations did not amount to a fresh claim.

The Upper Tribunal refused the application on the papers and again after an oral renewal. Permission to appeal was then refused by Beatson LJ on all five grounds. Before Lady Justice Sharp, the applicant pursued only the contention that a later letter from the Secretary of State undermined the earlier fresh-claim decision.

1. The renewed application for permission to appeal was refused. The sole ground pursued disclosed no arguable error.

2. The Upper Tribunal had correctly held that the Secretary of State’s letter of 30 January 2014 gave detailed and cogent reasons for concluding that the representations did not amount to a fresh claim. It had assessed the applicant’s family and private-life circumstances under the post-9 July 2012 Immigration Rules and on wider Article 8 grounds.

3. Even if the later February 2014 letter was capable of bearing on the matter, it could not invalidate the earlier decision once that decision had been properly made. There was no arguable ground on which to impugn the decision of 30 January 2014.

• Court of Appeal (Civil Division): renewed application for permission to appeal refused in [2016] EWCA Civ 655.
• Upper Tribunal (Immigration and Asylum Chamber): refused permission to apply for judicial review on the papers on 21 August 2014 and, following oral renewal, on 23 October 2014.
• Secretary of State for the Home Department: on 30 January 2014 refused leave to remain and concluded that the representations did not amount to a fresh claim.